Non-Paying Client

Doc Bernard

Doc Bernard

Indie Arms Member
Here is the deal, I did some video/editing work for a company on a contingency basis (foolish decision in hindsight). They broke their end of the deal, yet I see the video on YouTube. This is an advertisement/demonstration video their sales force uses.

Do I have the video pulled? Have you ever used a "Cease and Desist Order" on a non-paying client?

They said "The decision to not use your services any longer was a financial decision". ??? But I still see the video being used.
 
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aalleexx said:
that is BS, did you make them sign any kind of production contract or something similar?
Click to expand...

No, I brought them a contract the same day they declined my services. The copy they have was not the final product, but a less polished version.
 
Actually your work as an "artist" is copywrited automatically. With no contract you haven't assigned that copyright so you can use a cease and desist order to stop them from using your work. With out a contract you have an uphill battle getting paid, but a good threatening letter from an attorney might do it. I would call your local lawyers for the arts and see if you can get a consult and a letter.
 
Post a video on Youtube that says they dont pay for videos and services offered. As long as you dont slander them, sticking to the truth, I bet that would change their attitude a little. Could you imagine the feedback they get when someone searches for their product and up comes up your video ranting about how their cheap????

Obvously WATERMARK anything sent to a client if you have not been paid, even if not of 'final' revision so they dont pull this BS again. Regrettably, clients have proven to me more times than not that they are asses who will screw you at every opportunity.
 
Bernard this is probably not what you want to hear but I am glad this happened to you early on, its gonna teach you a big lesson. That happend to me as well a year ago when I started out and it tought me a big lesson that you must always sign and take 50 percent even before you start charging the batteries, I got screwed bad because the client told me what I wanned to hear " yeah ...no problem... dont worry about the money right now... we gotta get this done...blah blah blah"

so I did and got screwed but guess what time went by and yep 8 months later the same client comes back like nothing happend because he wants quality work, so I ask for 100% upfront before anything happens, and call me crazy but I actually told this client thanks
I told him the day he came back " thanks sir, because of you my business has taken only one loss which was your production back then and it tought us a great lesson about business"

now please understand that the client never actually used the promo and by the way I do not come from a business backgound, so many people here have done the right thing from the jump but I was not business savvy back then. just my .00002 :)

to sum it up, cut your losses move on and satisfy and get new clients that apreciate your work:)
 
Hey Doc it sounds like they were talking to you as a vendor and had you do a mock up to see if they liked your product. The fact that they used it and put it up on You Tube and did not pay you for the use means that you can take them to small claims court to get paid for you labor in the product. Judges see this all the time and don't like companies that take advantage of people. Its much easy to talk to them and try to work out a deal first. Shoot your screen with your camera showing that they put it up incase they take it down after you talk to them. Its up and they owe you for creating what has been done. It might not be the final but if they elect to use it they owe for it. You first have to get a judgement in small claims court and then you can turn it over to a lawyer and he will take it to Superior Court for you and collect and add his fees to the judgement. There are fees for taking the money out of their account and it can get costly over time if you don't take it out all at once. You get it all at once if you can. It will cost you about $20 bucks to file the case.

Good luck
 
When I send out proofs they are A) watermarked and B) have a timecode running on the bottom.

Typically marked with the Frames running to the left. PROPERTY OF INVERSE PARADIGM STUDIOS center. And a timecode running on the right.

I've had a proof windup online once. I took those measures to prevent it from happening again.
 
If you gave them a copy before payment... you simply gave it away.
While it's unethical on their part, it should have been expected on yours.
Collecting is best done in person. I have found in their lobby while asking their clientele if they are owed money as well to be the quickest way to get a check.

Don't worry about pulling the content down. You need your money.
 
I have decided to let this go and learn a lesson from it. I may end up looking like a push-over with this, but I can still hold my head high and know I didn't cheat any one.

I have things going on now.
 
I have had this happen once and once only. I was so heated over it I did something I should not have, (can't discuss on the boards) and to prevent me from going to jail in the future, I get the contracts signed and most of my money up front. Nothing pisses me off more than a crook. I work way to hard to provide for my family for someone to take anything from me.
 
With regards to 50% down as mentioned by AALLEEXX, its a good idea. Still doesn't mean you will get paid fully, but at least you wont get bagged for the full amount and can cover your people.

Google has a credit card service that you link to YOUR bank account, it charges 2% + $0.20, no yearly charges, pay when you use it. This should help. When they say "do you accept credit cards"- hoping to you dont (most small co's dont), say yes, send them a link, and if they dont pay, dont show up.
 
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